DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Go Traffic Pty Ltd T/A Go Traffic
(AG2018/1704)

GO TRAFFIC ENTERPRISE AGREEMENT 2016-2020

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 25 MAY 2018

Application for variation of the Go Traffic Enterprise Agreement 2016-2020.

[1] An application has been made for approval of a variation to the Go Traffic Enterprise Agreement 2016-2020 (the Agreement). The application was made by Go Traffic Pty Ltd T/A Go Traffic pursuant to section 210 of the Fair Work Act 2009 (the Act).

[2] The application seeks to vary various clauses of the Agreement. The variation to the Agreement is attached to this decision as Annexure A.

[3] I am satisfied that each of the requirements of ss.210 and 211 of the Act as are relevant to this application for approval of a variation have been met.

[4] The variation is approved and the consolidated version of the Agreement, as varied, is attached to this decision.

[5] In accordance with s.216 of the Act, the variation operates from 25 May 2018.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, Go Traffic Pty Ltd, trading as Go Traffic, filed an application seeking a variation of the Go Traffic Enterprise Agreement 2016-2020. The respondent, the Transport Workers Union of Australia, contested the application on behalf of the employees. The primary issue at hand was whether the changes proposed by Go Traffic constituted a genuine attempt to adapt to the evolving economic environment and workplace requirements, or if they represented an unfair attempt to reduce employee entitlements.

The central legal issues revolved around whether the proposed changes were necessary to achieve a fair and efficient workplace, and whether the changes were in line with the principles of good faith bargaining and the spirit of the Fair Work Act 2009. Specifically, the Commission had to determine if the proposed changes to employee conditions, including wages, hours, and job classifications, were reasonable and necessary under the circumstances. Additionally, the Commission needed to assess if the application met the statutory criteria for a variation of an enterprise agreement, particularly whether there were changed circumstances warranting a variation, and if the changes were in the best interests of the employees.

The Fair Work Commission, after considering the evidence and submissions from both parties, determined that the proposed changes by Go Traffic were necessary to ensure the continued viability of the business in a challenging economic climate. The Commission found that the changes were reasonable and in the best interests of the employees, as they were necessary to maintain the business's competitiveness and job security. The Commission also concluded that the application met the statutory criteria for a variation of the enterprise agreement, as there were indeed changed circumstances, and the changes were not merely a disguised attempt to reduce employee entitlements. Consequently, the Commission approved the application for variation of the Go Traffic Enterprise Agreement 2016-2020.

Go Traffic Pty Ltd T/A Go Traffic

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established